Regulation 13 Powers of the CMA and qualifying bodies to obtain documents and informationF1F11I1
England, Wales and Scotland
The F2CMA F3, a local weights and measures authority or DETINI may exercise the power conferred by this regulation for the purpose of–
ascertaining whether a person has complied with an undertaking or court order as to the continued use, or recommendation for use, of a term in contracts concluded with consumers.
A qualifying body specified in Part One of Schedule 1 F6(other than a local weights and measures authority or DETINI), may exercise the power conferred by this regulation for the purpose of–
facilitating its consideration of a complaint F7...; or
ascertaining whether a person has complied with–
an undertaking given to it or to the court following an application by that body, or
a court order made on an application by that body,
as to the continued use, or recommendation for use, of a term in contracts concluded with consumers.
The F8CMA may require any person to supply to F9it, and a qualifying body specified in Part One of Schedule 1 may require any person to supply to it–
a copy of any document which that person has used or recommended for use, at the time the notice referred to in paragraph (4) below is given, as a pre-formulated standard contract in dealings with consumers;
information about the use, or recommendation for use, by that person of that document or any other such document in dealings with consumers.
The power conferred by this regulation is to be exercised by a notice in writing which may–
specify the way in which and the time within which it is to be complied with; and
be varied or revoked by a subsequent notice.
Nothing in this regulation compels a person to supply any document or information which he would be entitled to refuse to produce or give in civil proceedings before the court.
If a person makes default in complying with a notice under this regulation, the court may, on the application of the F10CMA or of the qualifying body, make such order as the court thinks fit for requiring the default to be made good, and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the person in default or by any officers of a company or other association who are responsible for its default.
Annotations
Textual amendments
- F1
Regulations revoked (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 4 para. 34; S.I. 2015/1630, art. 3(g) (with savings in art. 6(1))
- F2
Word in reg. 13(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(a)(i) (with art. 3)
- F3
Words in reg. 13(1) inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(5)(a)
- F4
Word in reg. 13(1) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(a)(ii) (with art. 3)
- F5
Words in reg. 13(1)(a) omitted (28.3.2013) by virtue of The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(5)(b)
- F6
Words in reg. 13(2) inserted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(5)(c)
- F7
Words in reg. 13(2)(a) omitted (28.3.2013) by virtue of The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 10(5)(b)
- F8
Word in reg. 13(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(b)(i) (with art. 3)
- F9
Word in reg. 13(3) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(b)(ii) (with art. 3)
- F10
Word in reg. 13(6) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(c) (with art. 3)
- F11
Word in reg. 13 heading substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 26(5)(d) (with art. 3)
Commencement
- I1
Reg. 13 in force at 1.10.1999, see reg. 1